If you’ve suffered an on-the-job injury and your workers’ compensation claim is denied, you may be frustrated and unsure of what to do next. At Nappa, Monterosso & Poznansky, LLP, our Staten Island workers’ compensation lawyers are dedicated to helping workers in the greater New York City get the full amount of benefits they’re entitled to receive. Here, we discuss how hiring an experienced attorney can boost your chances of winning a workers’ compensation appeal in New York.
Common Reasons Workers’ Compensation Claims are Denied
New York’s workers’ compensation is designed to cover medical expenses and wage replacement benefits for workers with job-related injuries or occupational diseases. Unfortunately, employers and their insurers look for ways to deny claims and workers’ compensation denials happen much too often. Some common reasons that a claim may be denied include:
- Inadequate medical evidence
- Incomplete paperwork
- Missed deadlines for reporting injuries and filing claims
- Disputes over whether an injury or occupational illness is work-related
- An employer or insurance company disputing the seriousness of your injury
- Blaming pre-existing conditions for a workplace injury
If you receive a workers’ compensation denial, you have the right to file an appeal with the New York State Workers’ Compensation Board. The appeals process can be complex and usually requires submission of additional evidence and in some cases, statements or testimony from witnesses like medical professionals and vocational experts. Our attorneys consistently achieve positive outcomes in these types of cases and can significantly increase your chances of winning a Workers’ Compensation appeal.
The Odds of Winning a Workers’ Compensation Appeal in NY
So, what are your chances of actually winning workers’ compensation appeal? The success of an appeal depends on multiple factors, including the strength of the medical evidence and arguments that explain why a workers’ compensation denial should be overturned. Each case is unique, and other factors specific to your situation may also play a role. Having an experienced New York workers’ compensation attorney help you navigate the appeals process definitely improves the likelihood of a successful outcome.
How an Experienced Workers’ Compensation Lawyer Can Help
The workers’ compensation system in New York is complex. Strict deadlines, complicated paperwork, and confusing legal technicalities make it easy for a simple mistake to derail your workers’ compensation claim or appeal.
Our attorneys have more than 30 years of experience handling appeals in the greater NYC area. Our Staten Island workers’ compensation attorneys know the specific practices, processes, and expectations of the local Workers’ Compensation Board and courts.
We have longstanding professional relationships with WCB staff and local Administrative Law Judges (ALJs), which can help us streamline the process, develop effective strategies, and present compelling arguments in hearings and at every stage of appeal.
Building a Compelling Case
Our team reviews your workers’ compensation denial to pinpoint where the initial claim was lacking and why it was denied. Your workers’ compensation lawyer helps you gather vital medical evidence and can coordinate with your healthcare providers to provide details that support your case. We may also interview witnesses who saw what happened or know how your workplace injury or illness has affected your life. If necessary, we may ask medical and vocational experts to testify and provide additional information that strengthens your claim.
Meeting Deadlines
Each step of the appeals process has specific timelines that must be followed. Just one missed deadline can sink your New York workers’ compensation appeal. Our workers’ compensation attorneys ensure that review and hearing requests and all required documentation are submitted in a timely manner.
Presenting Your Case in Appeals
If your case goes to a hearing, is reviewed by the Workers’ Compensation Board, or needs to be brought in front of the New York State Appellate Court Division, our lawyers know how to create and present compelling arguments that get positive results. Our familiarity with the local courts, judges, clerks, and other attorneys provides advantages well and helps us fine-tune our strategies and arguments.
Tenacious Legal Advocacy in Negotiations
In many cases, a workers’ compensation claim can be resolved through negotiations with insurance companies. Our workers’ compensation lawyers are seasoned negotiators who are familiar with the tactics insurers use to downplay injuries and deny claims. We advocate voraciously on your behalf and work to obtain a fair workers’ compensation settlement that protects your health and financial security.
Spanish-Speaking Legal Representation
Our workers’ compensation attorneys and Social Security Disability lawyers believe that language shouldn’t be a barrier to securing quality legal representation. Attorney and Partner Rolando Cubela helps our Spanish-speaking clients understand their rights and navigate claims and appeals with confidence.
Why Choose Us?
Our team knows that a workers’ compensation denial can turn your life upside down. We understand what’s at stake for you and your family. Our workers’ compensation lawyers have spent decades fighting for injured workers in Staten Island and throughout the greater NYC area. Our track record of success shows that when you have experienced legal representation, your chances of winning a workers’ compensation appeal improves dramatically. We take the weight off your shoulders and guide you every step of the way so you can focus on healing.
Contact Our Workers’ Compensation Lawyers in Staten Island
If your workers’ compensation claim is denied, don’t lose hope. Our team at Nappa, Monterosso & Poznansky, LLP, can help with your appeal and provide the compassionate legal support you need. To learn more, contact us or call 718-273-9000 today to speak with a workers’ compensation attorney in the greater New York City area.
